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SUMMARY
BERKELEY CITY COUNCIL SPECIAL MEETING
Tuesday, February 27, 2007
5:00 P.M.
Council
Chambers, 2134 Martin Luther King Jr. Way
Teleconference Location – 1636 Channing Way, Berkeley, CA
Roll Call - 5:00
p.m. All present (Olds/Moore present 5:05 p.m.; Worthington
present 5:15 p.m.).
Public Comment – Limited to items
on this agenda only – None.
1. BAPAC
Alcohol Regulations – Social Host (PDF, 15 KB) (First reading - January 30, 2007 - Noes -
Worthington; Abstain - Maio, Continued from February 13, 2007)
From: City Manager
Recommendation: Adopt second reading of Ordinance 6,968–N.S
adding new Chapter 13.49 to the Berkeley Municipal Code (Social Host).
Financial Implications: See report
Contact:
Manuela Albuquerque, City Attorney, 981-6950
Direction from
February 27, 2007 to further define "knowingly" and
exempt students who self-report (requested by Mayor Bates).
2. BAPAC
Proposals—Follow-up Report on Second Response Ordinance Amendments (PDF, 40
KB) (Continued from February
13, 2007)
From: City Manager
Recommendation: Adopt first reading of an Ordinance
amending Sections 13.48.030, 13.48.040 and 13.48.050 of the Berkeley Municipal
Code (Second Response Ordinance; Attachment 1-A.)
Financial Implications: See report.
Contact: Manuela Albuquerque, City Attorney, 981-6950
Direction from
February 27, 2007: Go back to 60 days
for second responses, provide
more flexibility for the City Manager on the fines; provide consideration for
those who self-report; provide some type of consideration if the host is not
able to clear out the party after the first response (requested by Mayor
Bates). In addition, provide
information regarding the number of times police have responded to out of
control parties in the last year, the number of second response notices issues,
and the number of times a second response fine has been imposed (requested by
Councilmember Wozniak).
Public Comments
(Items 1 & 2) – 14
Action – Items 1 & 2: Gave direction to staff to redraft
the provisions to:
(1)
Provide that an
additional 120 days to be tacked to the days left if a there is a third
violation within the 120 day time frame (Second Response Ordinance);
(2)
Provide options (Social Host Ordinance) regarding
“reasonably should have known” vs. “permit”;
(3)
Consider violations of the Social Host Ordinance as
infractions and violations of Second Response Ordinance under “Administrative
Citation” provisions.
Discussion and Possible
Action
Public Comments – 1
3. Amendment
To BMC Zoning Ordinance Regarding Alcohol Use Permit And First Offenses By Food
Establishments (PDF, 10 KB)
From:
Councilmember Spring
Recommendation:
That the council
refer to the Planning Commission an amendment to the Zoning Code a provision
that would allow a waiver for food establishments first time offenses of
alcohol regulations.
Financial Implications: See report
Contact: Dona
Spring, Councilmember, District 4, 981-7140
Action: M/S/C - Spring/Maio – Referred
to the Planning Commission with additional request to consider/review waivers
granted by the Alcoholic Beverage Control (ABC). (Noes – Wozniak)
Item 1:
BAPAC Alcohol Regulations – Social Host
1.
Marie Bowman, Berkeley Alliance of Neighborhood Associations
Item 3: Amendment To BMC Zoning Ordinance Regarding Alcohol Use Permit
And First Offenses By Food Establishments
2.
Supplemental
Report submitted by Councilmember Dona Spring (PDF, 88 KB)
Items 1 and
2: BAPAC Alcohol Regulations
3.
John Cummins
5.
Charlie Friedmann, Igor Tregub, and Kenan Wang
Item 3:
Amendment To BMC Zoning Ordinance Regarding Alcohol Use Permit And First
Offenses By Food Establishments
6.
Joan Kiley
